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 Orange Park
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VI. CODE ENFORCEMENT

  § 2-265. Fines.  

Latest version.

  • (a)

    Failure to comply; setting fines. The magistrate, upon notification by the code inspector that a previous order of the magistrate has not been complied with by the set time, or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the magistrate for compliance, or in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in F.S. § 162.06(4), and section 2-262(c), the magistrate shall notify the council, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the town to make further repairs or to maintain the property and does not create any liability against the town for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. If after due notice and hearing a magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b) of this section.

    (b)

    Determinations of amount. A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a) of this section. However, if the magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. In determining the amount of the fine, if any, the magistrate shall consider the following factors:

    (1)

    The gravity of the violation;

    (2)

    Any actions taken by the violator to correct the violation; and

    (3)

    Any previous violations committed by the violator.

    The magistrate may reduce a fine imposed pursuant to this section.

    (c)

    Recording order in public records. A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded on the public records and thereafter shall constitute a lien against the land on which the violation exists; and upon any other real and personal property owned by the violator, or if the violator does not own the land, upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes.

    (d)

    Accrual of fine. A fine imposed pursuant to this article shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the town and the council may execute a satisfaction or release of lien entered pursuant to this section.

    (e)

    Foreclosure of lien. After three months from the filing of any such lien which remains unpaid, the magistrate may authorize the town attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. Involuntary collection of any fine shall be stayed during an appeal of the fine under section 2-266 pursuant to Florida Appellate Rules of Procedure. No lien provided by this article or under the Local Government Code Enforcement Boards Act shall continue for a longer period than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to F.S. § 162.09(3), and subsection (c) of this section, in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fees that it incurs in the action. The town shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. No lien created pursuant to the provisions of this article may be foreclosed on real property, which is a homestead under Article X, Section, 4 of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property, which is covered under Article X, Section 4(a), of the State Constitution.

(Code 1999, § 2-118; Ord. No. 1-82, § 1, 1-5-1982; Ord. No. 17-82, § 2, 7-6-1982; Ord. No. 1-90, § 6, 1-2-1990; Ord. No. 3-96, § 4, 3-5-1996; Ord. No. 2-01, § 2, 1-16-2001; Ord. No. 8-06, § 1, 6-20-2006)

State law reference

Similar provisions, F.S. § 162.09.